Abstract:
Brand has become a very important identity in the trade sector and the world
economy. If there is a foreign well-known mark, whose mark has been registered
in Indonesia by another party but the foreign well-known mark has not been
registered before, of course this has the potential to cause a dispute. In the case of
Decision Number 790 K/Pdt.Sus-HKI/2020 a foreign mark filed a lawsuit against
the Indonesian party who had previously registered the mark on the same brand,
with the proposition that it was a well-known mark and trademark cancellation
lawsuit. However, in the court the Panel of Judges had not yet reached the stage of
examining the main case, this was related to the formality aspect of the lawsuit filed
by the Defendant. In his analysis, the author used a normative juridical approach
and found defects that were not in accordance with the formality aspect, which
made the lawsuit formally flawed and the decision became the decision of Niet
Ontvankelijke Verklaard (NO). The inappropriate aspect of formality is, in the
making a power of attorney and ne bis in idem defects. The author also finds a
deficiency in Law Number 20 of 2016 concerning Trademarks and Geographical
Indications in terms of trademark registration in Indonesia, there are no
requirements regarding mark philosophy and this results in multiple interpretations
and different interpretations regarding well-known brands and similarities in
essence or in whole.
